Handling Domestic Violence Charges in Tampa, Florida

This is the first post in a series that will discuss the handling of domestic violence cases in Tampa and other parts of Florida. I am writing on this topic due to the fact that many defendants are not aware of the impact that a domestic violence charge can have on one's future. It is common for the accused to believe that these cases represent a “private matter” between two parties. However, the truth is that if you have been arrested then you are facing serious charges. Florida law considers all cases of domestic violence as criminal acts rather than personal issues. Criminal prosecution is recommended as the favored method to enforce compliance with laws ensuring protection against domestic violence or abuse.

It is of utmost importance that you get help from a professional criminal defense lawyer to have someone on your side who will fight for you. The state will do its best to investigate your past with a fine-tooth comb. They will be looking for any past arrests for domestic violence or any other related offenses. They may also bring forward any other non-domestic charges, prior injunctions related to domestic or non-domestic violence, whether they are related to the victim or any previous victims.

I will be addressing a number of topics over my coming articles. Issues which I will analyze include:

Defending against false accusations of domestic violence

Claiming self-defense in such cases

The process one faces after an arrest

Attending trial in these matters

The potential penalties one will face if convicted

There are several reasons why it is important that Tampa defendants have an understanding of these topics. First, not all allegations of abuse or violence are truthful. It is not entirely uncommon for false claims to be made against an individual out of anger, revenge, or as a way to gain leverage in a different proceeding. Second, many cases of violence are the result of self-defense. Defendants need to understand that a successful self-defense claim has the potential to result in an acquittal. Third, one should be aware of the process that follows an arrest. If the accused knows what to expect, then there will be fewer surprises. Fourth, one should have an understanding of how these trials are conducted and what will be expected of both the prosecution and the defense. Finally, the penalties for domestic violence can be quite severe. It is crucial that defendants recognize early on the need for a properly constructed defense.

One point that I cannot stress enough is the importance of retaining representation after an arrest has occurred. Many defendants are surprised by the extent to which the prosecution views domestic violence as a serious charge. Such charges will be relentlessly pursued and it is crucial that defendants are prepared for this. By retaining counsel, you will help to ensure that your rights will remain protected.

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